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<br /> AGREEMENT
<br /> SEAPORT CENTRE LEVEE REPAIR AND SEWER PUMP STATIONS
<br /> IMPROVEMENT PROJECT
<br /> THIS AGREEMENT, made this I ()f" day of ~-{~ 2004, by and between
<br />BAMER CONSTRUCTION, whose place of business is at 3137 Castro Valley Boulevard #209,
<br />Castro Valley, California, hereinafter called "CONTRACTOR", and the City of Redwood City, a
<br />Charter City and municipal corporation of the State of California, hereinafter referred to as "CITY".
<br /> Inconsideration of the mutual covenants hereinafter set forth, Contractor and City agree
<br />as follows:
<br />I. WORK
<br /> A. Contractor shall complete all Work specified in the Contract Documents, in
<br /> accordance with the Specifications, Drawings, and all other terms and conditions
<br /> of the Contract Documents.
<br />II. CONTRACT SUM
<br /> A. City shall pay the Contractor as the "Contract Sum" for completion of Work in
<br /> accordance with the Contract Documents, as the amount of Three Hundred Sixty
<br /> Eight Thousand Nine Hundred Seventy Five and No/100 Dollars ($368,975.00),
<br /> computed in accordance with Contractor's Accepted Proposal dated, November 3,
<br /> 2004, which Proposal is incorporated herein by reference thereto as if fully set
<br /> forth.
<br /> B. The Contract Sum is all inclusive and includes all Work; all federal, state, and local
<br /> taxes on materials and equipment, and labor furnished by Contractor, its
<br /> subcontractors, subconsultants, architects, engineers, and vendors or otherwise
<br /> arising out of Contractor's performance of the Work, including any increases in any
<br /> such taxes during the term of this Agreement; and any duties, fees, and royalties
<br /> imposed with respect to any materials and equipment, labor or services. The taxes
<br /> covered hereby include (but are not limited to) occupational, sales, use, excise,
<br /> unemployment, FICA, and income taxes, customs, duties, and any and all other
<br /> taxes on any item or service that is part of the Work, whether such taxes are
<br /> normally included in the price of such item or service or are normally stated
<br /> separately. Notwithstanding the foregoing, each party shall bear such state or local
<br /> inventory, real property, personal property or fixtures taxes as may be properly
<br /> assessed against it by applicable taxing authorities.
<br />III. CONTRACT TIME AND LIQUIDATED DAMAGES
<br /> A. Contractor shall complete the Work within the following Schedule reflecting the date
<br /> the Contract Time commences to run as set forth in Section 00550 (Notice to
<br /> Proceed) and Section 00700 (General Conditions); and
<br /> 1. Contractor shall achieve Substantial Completion of the Work within Sixty (60)
<br /> Calendar Days from the date the Contract Time commences to run.
<br />Atty/Agr/Agr.236
<br />111 004 1
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